Government of Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 15 December 2010 regarding: Fish Farming Licences - delegation of powers.

Decision Reference:

MD-E-2010-0199

Decision Summary Title :

Delegation of powers for Fish Farming Licences

Date of Decision Summary:

02/12/10

Decision Summary Author:

Head of Fisheries and Marine Resources

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Delegation of powers for Fish Farming Licences

Date of Written Report:

02/12/10

Written Report Author:

Head of Fisheries and Marine Resources

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Subject:

Delegation of powers for Fish Farming Licences

Decision(s):

The Minister approved the delegation of his powers for the legislation shown in the attached report, under Article 28 of the States of Jersey Law 2005.

Reason(s) for Decision:

To ensure the effective discharge of the Minister’s responsibilities concerning Fish Farm authorisations at all times.

Resource Implications:

None

Action required:

Head of Fisheries and Marine Resources to –

request the Greffier of the States to arrange for the above-mentioned delegation to be presented to the States for their information in accordance with Article 30 of the States of Jersey Law 2005;
to forward a copy of the new delegation to the Chief Minister's department so that he may publish the delegation in accordance with Article 30A of the States of Jersey Law 2005;
to consider appropriate licence applications.

Signature:

Senator Alan Maclean

Position:

Minister for Economic Development

Date Signed:

Date of Decision (If different from Date Signed):

Fish Farming Licences - delegation of powers

ECONOMIC DEVELOPMENT

Delegation of Powers for Fish Farming Licences

Purpose of the Report

The Minister for Economic Development is asked to approve the delegation of his powers for the renewal of certain Fish Farming Licences.

Background

Farming of fish and shellfish in the waters around Jersey has grown and now some 1000 tons of shellfish are produced annually. The authority to designate areas of the beach or sea bed for this activity rests with the Sea Fisheries (Fisheries)(Jersey) Regulations 2010 which empowers the Minister to issue a licence for a particular fishery under the terms of the regulation and any further conditions that the Minister may see fit to attach to the licence.

Detail

The licence is normally issued for a period of 6 years and if there have been no objections to the concession and the Department is content with the way the operation has been conducted the licence will, on application, be renewed.

If the application set before the Minister is for a new concession or an existing concession with some changes within it then it is proposed that such an application continues to be agreed by the Minister; however, if the renewal application is for a licence which is the same in every way to the previous licence it is recommended that the Minister delegates the power of this renewal to the Chief Officer of the Planning and Environment Department, the Director of Environment or the Head of Fisheries and Marine Resources. The Minister’s powers of delegation lie in Article 28 1(b) of the States of Jersey Law 2005. The Minister has already delegated powers to issue Fishing vessel licences and Fishing Vessel Licence conditions to Department Officers.

Recommendation

That the Minister delegates the power to renew licences to farm fish or shellfish that are unchanged from the original licence to the Chief Officer of the Planning and Environment Department, the Director of Environment or the Head of Fisheries and Marine Resources.

Written by:	Head of Fisheries and Marine Resources

Approved by:	Director of Environment

MD-E-2010 -0199